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Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for California on
Q: How Can I Officially Announce My Refusal to Communicate with My Wife's Attorney?

I am currently involved in divorce proceedings and have filed several complaints with the State Bar regarding my wife’s attorney numerous alleged misconducts towards both myself and the court, as well as her continuous filing of Ex Parte applications, none of which have been granted. Given these... View More

James L. Arrasmith
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answered on Sep 28, 2023

You have the right to communicate directly with your spouse regarding matters related to parenting time and support. However, it's advisable to keep a record of all communications, and it's essential to adhere to any court orders and legal requirements regarding communication. While your... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: Does one spouse's restitution get split equally during a divorce in community property state like LA, California?

My spouse plead guilty and got convicted of a federal statue in April 2023, but we got married anyway in June 2023. We knew each other and were dating since 2021. Approximately $120k restitution was imposed on her for property damage in early September 2023. Currently we are experiencing... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, federal restitution imposed on one spouse as a result of a criminal conviction is generally considered that spouse's separate debt. In most cases, the other spouse would not be responsible for half of the federal restitution, especially if the restitution order was made... View More

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2 Answers | Asked in Divorce, Child Custody and Child Support for California on
Q: Can my ex wife force my 16 year old daughter out of her house to come live with me?

My daughter chose to live with my wife full time a few years ago. We had 50/50 custody prior. I want her to come with me but my daughter doesn’t want to move.

James L. Arrasmith
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answered on Sep 28, 2023

In California, at the age of 16, a minor does not have the legal authority to unilaterally decide where to live. Custody and visitation arrangements are typically determined by court orders. If you wish to modify the custody arrangement and your daughter's mother does not agree, you may need... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Hi my husband left in April and is still gone. Is this abandonment he won't answer calls or text
T. Augustus Claus
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answered on Sep 27, 2023

If your husband left in April and hasn't been in contact since, you may have grounds to consider this abandonment under Georgia law. Abandonment can be one factor that courts look at when making decisions about divorce, custody, and other family law issues.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

Robert P. Taylor
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answered on Sep 27, 2023

The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 27, 2023

Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I filed for divorce; will the court handle all proceedings automatically?

I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:

(1) Will the court automatically schedule hearings for... View More

James L. Arrasmith
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answered on Sep 28, 2023

In a divorce case, the court may not automatically schedule hearings for child custody and support. It's typically the responsibility of the parties involved to request specific hearings by filing an RFO (Request for Order) if they want to address issues like child custody and support. Either... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: if my husband just filed for divorce and wants half of my assets, am I still allowed to purchase my daughter a car
James L. Arrasmith
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answered on Sep 25, 2023

Certainly. Under California law, community property is generally divided equally between spouses upon divorce. However, until the assets are officially divided by a court or an agreement, both parties retain control over their respective assets. Therefore, you can purchase a car for your daughter,... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My soon to be ex & I are in an ISC mid-Oct. We are pro-se. I'm unemployed & know that I am going to get cut off all $

He filed in 2020 & everything has been slow because of court backlog. We are staying in house we own for 2 more years til the youngest finishes school. The amount he'd have to pay in alimony is minimal & I haven't worked in 30 years. 3 additional sons live home, and contribute a... View More

Richard Diamond
Richard Diamond
answered on Sep 25, 2023

An Intensive Settlement Conference is a last-ditch attempt by the court to settle a case before it goes to trial. I have no idea what your husband earns, what the court will conclude you are capable of earning ( even though you are not currently working and have not worked in years), I have no idea... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Action Needed After Granting Spouse's Request and Resulting PPA Cancellation

I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.

The primary dispute in our custody battle was to... View More

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More

1 Answer | Asked in Tax Law, Banking, Divorce and Family Law for California on
Q: My bank account got FTB legal order on hold fund due to my husband not paying the tax, but we are separated

My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More

James L. Arrasmith
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answered on Sep 22, 2023

You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: Need help on my pass divorced that was filed in Abilene Texas year 1994 filed by my ex-husband (retired Airmen).

Want to know if I can claim for his retirement benefits after the divorce?

T. Augustus Claus
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answered on Sep 22, 2023

In Texas, retirement benefits can be considered community property and may be subject to division between spouses during a divorce. However, the specifics of how these assets were allocated would typically be laid out in your divorce decree or separation agreement. If your divorce decree from 1994... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Urgent Advice Needed on Parenting Plan Assessment Payment Issue?

22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More

James L. Arrasmith
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answered on Sep 21, 2023

Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: if my divorce isn't final yet and a friend buys me a car is that going o be considered community property?

I'm in California

James L. Arrasmith
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answered on Sep 21, 2023

Under California law, all property acquired during the marriage is presumed to be community property unless it can be traced to a separate property source. If a friend buys you a car while your divorce is pending, the car may be considered community property if it's not clear that the gift was... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: When anticipating divorce should a women who has been a stay at home wife/mother seek employment before filing

Husband owner his own business and never wanted wife to work. Hes now withholding money to basically control her.

Rand Scott Lieber
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answered on Sep 21, 2023

There are several relevant factors needed to properly answer your question. How long have you been married? How old are the children now? Did you work prior to having children? How old are you? Generally, moving forward, if you are able the court will expect you to work at something. You should... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I am finally filing for divorce based on abuse, and theft. Would it be pointless to file alimony? I was used and abused.

I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.

Todd B. Kotler
Todd B. Kotler
answered on Sep 21, 2023

Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More

1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Can a wife get the house even if the husband bought the house while they were just engaged? Married 20 years

And she pays bills at the home and has lived there the whole time.

T. Augustus Claus
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answered on Sep 20, 2023

In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: When is the DissoMaster Used in Child and Spousal Support Cases?

In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More

Aylin Acikalin
Aylin Acikalin
answered on Sep 20, 2023

Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More

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